Wednesday, February 11, 2015

Nashville DUI of Feb 10th: A fourth offense felony

OFFICER ___ OBSERVED THE
DEFENDANT TRAVELING E/B ON FAIRFIELD AVE FROM LAFAYETTE ST ABOVETHE POSTED
SPEED LIMIT. OFFICER ___ THEN GOT DIRECTLY BEHIND THE DEFENDANT AND FOLLOWED
HIM FOR APPROX 1/4 TO 1/2 MILE AND PACED HIM GOING 37 IN A 30 MPH ZONE. OFFICER
MORRISON CONDUCTED A TRAFFIC STOP ON THE DEFENDANT. WHEN THE DEFENDANT VEHICLE
PULLED TO THE RIGHT TO STOP, THE DEFENDANT DROVE HIS RIGHT TWO WHEELS UP ONTO
THE CURB OF THE SIDEWALK, COMING TO A STOP PARTIALLY STILL ON THE CURB. THE
DEFENDANT THEN OPENED HIS DOOR AND PROCEEDED TO WALK BACK TOWARDS OFFICER ___
VEHICLE. OFFICER ___ IMMEDIATELY GAVE ORDERS FOR HIM TO GET BACK INTO HIS
VEHICLE. DEFENDANT WAS SLOW TO COMPLY WITH OFFICER ___COMMANDS AT FIRST, BUT
EVENTUALLY DID COMPLY TO RETURN TO HIS VEHICLE. OFFICER ___ THEN APPROACHED THE
DEFENDANT AND ASKED HIM FOR HIS DRIVER LICENSE. DEFENDANT HAD NO ID ON HIS
PERSON. AS OFFICER ___ WAS SPEAKING TO THE DEFENDANT, OFFICER___ DETECTED AN ODOR OF ALCOHOLIC BEVERAGE
COMING FROM THE DEFENDANT PERSON AND BREATH. OFFICER ___ BELIEVING THAT THE
DRIVER MIGHT BE IMPAIRED TO DRIVE, OFFICER ___ CALLED FOR A DUI CAR TO THE
SCENE. I OFFICER ___ ARRIVED ON SCENE A SHORT TIME LATER AND SPOKE TO THE
DEFENDANT. I ASKED HIM IF HE HAD BEEN DRINKING PRIOR TO BEING STOP AND THE
DEFENDANT ADVISED OFFICER THAT HE HAD ONLY ONE BEER TO DRINK WHILE HE WAS WITH
HIS FRIENDS. WHILE SPEAKING TO THE DEFENDANT, I OBSERVED THE DEFENDANT TO HAVE
RED BLOODSHOT WATERY EYES, SLURRED SPEECH AND AN ODOR OF ALCOHOLIC BEVERAGE ON
HIS PERSON AND BREATH. DEFENDANT WAS THEN ASKED TO COMPLETE A SFST'S WHICH THE
DEFENDANT COMPLIED. ON THE HGN, THE DEFENDANT HAD A DIFFICULT TIME FOLLOWING
THE INSTRUCTIONS THAT WERE GIVEN TO HIM TO PERFORM AND CONTINUED TO MOVE HIS
HEAD. ON THE WALK AND TURN, DEFENDANT WAS GIVEN INSTRUCTIONS ON HOW TO COMPLETE
THE WALK AND TURN SEVERAL TIMES BUT THE DEFENDANT SEEMED CONFUSED AND WOULD NOT
FOLLOW THE INSTRUCTIONS GIVEN TO HIM. DEFENDANT AFTER SEVERAL ATTEMPTS TO
COMPLETE THE TASK AT HAND, JUST REFUSED TO COMPLETE THE TASK AS INSTRUCTED. ON
THE ONE LEG STAND, THE DEFENDANT CONTINUED TO HAVE A DIFFICULTIES FOLLOWING THE
INSTRUCTIONS AND ADVISED THAT HE COULD NOT PERFORM THE TASK AT HAND DUE TO
HAVING A PRIOR LEG INJURY AS A CHILD. AT THAT TIME THE DEFENDANT WAS THEN TAKEN
INTO CUSTODY. OFFICER ____ READ THE DEFENDANT THE TN IMPLIED CONSENT LAW AND
HIS MIRANDA RIGHTS TO HIM. DUE TO THE DEFENDANT 3 PRIOR DUI'S CONVICTION IN
DAVIDSON COUNTY, DEFENDANT WAS ASKED TO HAVE HIS BLOOD DRAWN. DEFENDANT AGREED
TO HAVE HIS BLOOD DRAWN AT GENERAL HOSPITAL. RESULTS ARE PENDING.